United States v. Turrieta

BACHARACH, Circuit Judge.

This appeal grew out of the sentencing of Mr. Paul Turrieta for possession of a firearm and ammunition after a felony conviction. See 18 U.S.C. § 922(g)(1). The district court imposed a 15-year sentence based on the Armed Career Criminal Act (ACCA) and three past convictions in New Mexico for residential burglary. Mr. Tur-rieta moved to vacate the sentence under 28 U.S.C. § 2255, arguing that the district court had relied on the ACCA’s residual clause and that this clause is unconstitutionally vague. The district court denied the motion, and Mr. Turrieta appeals. We…